§ 38-31. Investigation of fires/police powers.

(1)

The fire department shall investigate the cause and origin, and circumstances of fires occurring within their jurisdiction to determine if the fire is of carelessness or design. Such investigations may begin immediately upon the occurrence of such a fire, and if it appears to the officer making such an investigation that such fire is of suspicious origin and of a significant nature, the fire chief shall be notified of the facts. The AHJ shall notify the proper authorities designated by law to pursue the investigation of such matters and shall further cooperate with the authorities in the collection of evidence and in the prosecution of the case. A member of the fire investigation team shall file a written report of damage associated with every fire in a timely manner. It shall contain a statement of all facts relating to the cause and origin and circumstances of such fire and other information as may be required.

(2)

The municipal attorney and any other department of the municipality, upon the request of the fire chief, shall assist in the investigation of any fire that, in the chief's opinion, is of suspicious origin.

(3)

The fire chief, officers in command and the fire inspector at any fire are hereby vested with full and complete police authority. Any officer of the fire department may cause the arrest of any person failing to give the right-of-way to the fire department in responding to or investigating an incident.

(4)

The fire chief or officers in command may prescribe certain limits in the vicinity of any incident within which no persons, excepting firefighters and police officers and those admitted by order of any officer of the fire department, shall be permitted to enter.

(5)

The fire chief or officers in command shall have the power to cause the removal of any property whenever it is deemed necessary and prudent for the preservation of such property. During the progress of any fire, they shall have the power to cause the removal of all wires or other facilities and the turning off of all electricity or other services where the same impedes work of the fire department during the progress of fire.

(6)

It shall be lawful for any fire department personnel while acting under the direction of the fire chief or officer in command to enter premises adjacent to or in the vicinity of a building or other property that is on fire for the purpose of extinguishing, containing, or searching for extension of such fire or other exigent circumstances. No person shall hinder, resist or obstruct any firefighter in the discharge of his duties as is herein before provided. The person so offending shall be deemed guilty of resisting firefighters in the discharge of their duties.

(7)

During the progress of a fire the fire chief or officers in command shall have the power to order the removal or destruction of any property necessary to prevent the further spread of the fire or to ensure that the fire has not extended to other areas; providing that it is likely that, unless such property is removed, other property is in danger of being destroyed by fire.

(Ord. No. 829, § 1, 7-20-10; Ord. No. 896, § I, 4-21-15)